The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-27
RAILROAD SUPERVISION
AS TT MAY BE ENFORCED IN
ARKANSAS
If the Bill Introduced by Mr.. Balch,
Of Pulaski, Passes the
Legislature.


tnO ANkuNhAANh hAh VI Ahtl
roads in this STATE provides that every
railr al in this State Is public high.
way, over which all have a right Ia
travel and tansport their proper y
and that any person or corporation
who shall make any unreasonable
charge for such transportation sha i be
guilty Of txtortion.
Section provides thst there shall
be no unjust discrimination in the
transportation of pa sepgers or prop.
erty. No perol or corp ration shsll
be allowed to demand or receive d q r
ent rates OF compensation for tubstau-
TALLY similar and contenporaneous
services, or allow rebates in any form,
or make apy preference ia furnishing
cars. 1t snail be unlawful for any
person or corporation to enter into
any contract BIZ changes CT schedule,
use Of d fierent cars, or any means or
device, With the intent to delay the
shipment OF such properly.
In section 3, provision Is made by
dividing the gross or net ca MINIS
again t the pooling OF freight by d (.
feIent railroad companies. "But
nothing in this act shall be so con-
strued ~ TO prevent any person or
cooperation operating q railroad in
this State from issuing or selling at re-
ductd rates, emigrant, excursion or
Communication Tickets, or from carrying
free or Mt reduct rates, any property
for schools, churches, fairs, exhibit
tons or charitable institutions, or for
the State or Uaited States or any OF
the United States"
Section 5 requires that all such cor
poratious shall keep posted up at every
depot under its control, In cOnspicu-
Gus place, printed schedules stating
the different kinds and classes OF prop.
erty tn he carried; the different plg @
between which property shall be car
ried the rates OF freight and charges
for car iags between such places and
for services connected with the trans.
portstion OF property. No action
against any per on or corporation for
violation OF The provisions of the act
shall bs sus aimed unless brought
within ons year alter the cause Of ac-
ton shall a3crue, or within one year
alter the party complaining shall have
come TO the knowledge of his or her
right Of action and as many causes Of
action AZ may have accrued within the
year may be joined in the same suit
,ot complaint.
A commission Of three, 10 be known
40 the Railroad Comm isslon, shall be
created; the Commissioners holding
Office for four years, to be appointed
by the Governor with the advice and
consent OF the Senate. Each COM
missioner shall take the oath pre-
scribed by law for State officers and
give bond in the sum Of $4,000, pay
able to the State, with two or more
good securities TO be approved by the
Governor. Each Commissioner shall
receive q salary Of $500 per aunum,
and may employ clerk AT a salary
not to exceed $500 per annum. Bat
no person in the employ OF any rail.
road company or owning any stock,
bonds or other security OF any rail-
road corporation shall be eligible to
the oface Of Oommissiouer OF Rail-
roads, and any Commissioner who
shall aceapt any g'f', eratuity or emol-
unent from any person interested in
any railroad dur ng his continuance
in Office shall icrfeit his Office and
shall be subj ct to criminal prose Gu.
ton and upon conviction shall be fined
not less than $1,000 or mora than $4,000
and be imprisoned in the State peni-
tentlsry not less than one nor more
than three years; provided, that said
Commis si 1ners aud clerks shall be al
l1uo1 b., A.au.l f.aa xyhav, L., diaoh
of their duties.
II is provided Ia section 8 that said
Oommiss oners shall examine the rate
sheet and ar II of charges OF the diff
ferent abroad companies in the S,ats
aud determine whether or not such
charges Nre unreas Enable, or In viola.
ton Of any OF the provieions OF this al
and said Commissioners shall make
reasonable aud just rates OF freight and
passenger tariffs, to be ohserv d by all
railroad com panies In the State The
Commission in making such rules and
regu ions shall take into con.
siderstion the character and ma
ture Of the 8 rvices to be performed,
the o. tire earnings of such railroad
aud the value thereof aud the cost OF
keeping the same In repair. But the
Comm ssoners sh all not alter or change
any tariff OF charges, except upon ten
days notice in writing to the person
or corporation operating the railroad
10 be affected by the change.
Section ~ provides that every per-
son or corporation operating rail.
road or having an agent or Office in
this State shall furnish the Commits
sion with free information relative 10
the management OF their respective
lines, and with copies OF all leases,
contracts and agreements with other
lines OF express companies, also give
the numbsr of persons employed by
them. They shall also make quarterly
re urns to the Commissioners showing
all the receipts and expenditures OF
said railroad. And on failure TO do 30
they shall be liable to penalty Of $50
for each day OF such failure or refusal.
The Commissioners are to have an
Office here, aud are TO meet as often as
basness may require, and remain in
session until il Is disposed OF. They
shall m AXE annual IT ports 10 the Gov
ernor on or before the fret day Of
JauuMy in each year of their doinps
for the year ending on the thirtieth
day OF September next preceding. dis
closing the t1sl working condition
o. the entire railway system Of this
State.
Any person or corporation violati ng
the prov sions of the act or the tariff
OF charges IS 6xed by the Commits
sion, or any Of the rules and reguls-
tiona regarding railroads as made by
the Commission and for which there
is no other penalty prescribed in this
not, shall be liable to penalty OF not
lets than $500 nor more than $4,000
Tor each violation OF tariff or rules and
regulations.
The expenses OF the Commission
are to be paid from the State Treasury
on the warrant Of the Auditor ofSate,
the same to he paid qua tsrly; the
clerk OF the Commission shall make
j. 0ut an item ID &C cunt OF all the ex-
psnses OF the Commission and file it
with the Safe Aud tor, who will issue
his warrs, / on the State Treasurer FIR
tha amonnt of such eCcouut.